Caveats - how does someone remove a caveat (part 2)

In my previous post on this topic I discussed the formal requirements for seeking a Court order to remove a caveat from a title. In this post I have discussed below the considerations a Court has when faced with an application to remove a caveat from a title.

Owners corporations - part 1: what do they do?

I was recently involved in a dispute between an owners corporation, an owners corporation manager and a lot owner. The lot owner was claiming that the owners corporation manager had not acted in good faith when carrying out its duty as a manager, and that the owners corporation had breached its duty of care towards the lot owner. The dispute related to repairs to the water services for the lot owner, those water services being part of the shared services of the owners corporation. The lot owner claimed damages in relation to those breaches.

This is the first part of a short series on owners corporations. The series is intended to give the basics of owners corporations, discuss what their duties are and what the consequences are if the duties are breached.

The discussion below is a general discussion introducing owners corporations, what they do and how they delegate their functions.

VCAT and claims for lost time

I was recently involved in a matter where a self represented applicant to a proceeding in the Victorian Civil and Administrative Tribunal (VCAT) had a substantial claim for damages and a substantial claim for lost time in preparing the matter for hearing. This is a fairly typical claim for a self represented litigant in VCAT.

I have included below a discussion of a claim for lost time in VCAT.

Cadel wins the Tour de France 2011

For those of you that don't know, I'm a massive cycling fan. A lot of the world's cycling races take up my nights and mornings, including the Tour de France.

Cadel Evans is the first Australian to win the Tour. By winning the time trial on the 20th stage of the 2011 Tour, Cadel has won the race. There is one day to go, however by convention the GC leaders (that is, the riders who compete for the yellow jersey which represents the overall fastest time) never compete against each other on the last day.

In terms of his history in the Tour, Cadel has come second twice (2007, 2008) fourth once (2006) and eighth once (2005). He won the World Championships in 2009 in Mendrisio, Switzerland, and he has followed up his successful career by taking the biggest race in the world.

Well done Cadel!

Zhen v Mo & Ors [2008] VSC 300 - freezing orders

I was recently involved in an application for a freezing order on behalf of an applicant. In that matter, the applicant was seeking to restrain some respondents from dissipating money that the respondents received from proceeds of a sale. The applicant did this because it formed the view that if it did not do so, then any judgment would be unsatisfied by reason of the likely dissipation of the money elsewhere.

I have included a discussion of freezing orders and the matter of Zhen v Mo & Ors [2008] VSC 300 below.